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Sonali Bank Vs. Taxation Officers, Urban Immovable Property Tax, 1979, 8 CLC (HCD)
....ard to the facts and circumstances of the case we make no order as to costs. Abdur Rahman Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (1979) 414. ......ction) Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Sonali Bank (formerly National Bank of Pakistan)…………......Petitioner (In Petition Nos. 135 and 242 of 1970) Vs. Taxation Officers, Urban Immovable Property Tax, Dacca & Narayang......assessments in conformity with the relevant Model Tax Schedule and to refund the tax paid in excess if any, to the petitioner. Having regard to the facts and circumstances of the case we make no order as to costs. Abdur Rahman Chowdhury J.-I agree. Ed. This Case is also Reported ..Category: Fiscal/Taxation Law | Date: 31 May, 1979 | Hits: 1
Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)
.... the Courts below allowing pre-emption. This rule was issued for examination of the question whether the addition of parties made in compliance with the Court's order would be subject to the law of limitation. But this question no more requires examination. The parties in the meanwhile have......rties Judgment April 5, 1979 Result: The Rule is disposed of. Case Referred to- Md. Saddat All Khan Vs.The Administrator, Corporation of City Lahore, AIR 1949 Lah 186, Anandamoyee Desai Vs.Rudra Mohanti, 18 CLJ 141, Manicken Vs.Mamanathan Chettiar & others, AIR 1949......nst the concurrent decision of the Courts below allowing pre-emption. This rule was issued for examination of the question whether the addition of parties made in compliance with the Court's order would be subject to the law of limitation. But this question no more requires examination. The..Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1
M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)
....de its own Service Rules in pursuance of the statute, the P.O. No. 68 of 1972. The position of the petitioner is, however, not that of an employee under a private employer governed under the ordinary law of "Master and Servant". A decision of the Appellate Division in the case reported in ......pril 3, 1979. Result: The rule is discharged. Cases Referred to- University of Dacca Vs. Zakir Ahmed (1964) 16 DLR (SC) 722; AIR (SC), 1957, 882; C.A. Nos. 52 of 1977, 106 of 1977 and 138 of 19771979;31 DLR (Appellate Division); 33 AIR 1970 Cal. 179; University of Ceylon Vs. Fern......dul Hye—For the Respondent. Writ Petition No. 438 of 1978. Judgment Shahabuddin Ahmed J. - This rule under Article 102 of the Constitution is directed against an order dated 13.4.78 of the respondent, the Bangladesh Trading Corporation, briefly, the Corporation,..Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1
....ulsory retirement of the petitioner as contained in Annexure "F" dated 11-12-76 and "G" dated 28-12-76 passed by the respondents should not be declared to have been passed without lawful authority and is of no legal effect.
2. The petitioner was appointed as Vice-Principal, ......nal Jurisdiction)
Present:
Chowdhury A.T. M Masud J
Muhammad Habibur Rahman J
Md. Bokiotullah.........................Petitioner
Vs.
Chairman, Council of Cadet Colleges and Secretary Ministry of Defence, Govt. of Bangladesh, Old High Court building, Dacca and 2 ot......M. Huq, A A.G.—For the Respondents.
Writ Petition No. 1 of 1977
Judgment
Chowdhury A. T. M. Masud J.-This Rule was issued calling upon the respondents to show cause as to why the order of compulsory retirement of the petitioner as contained in Annexure "F" dated 11-12-..
Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1
....re F), have been impugned.
4. The rule is opposed by respondent Nos. 1 and 2 by filing separate affidavits. Their case inter-alia was that the impugned orders have been passed in accordance with law.
We have heard the learned Advocate for the petitioner and the learned Deputy Attorney Gene......
Abdur RahmanChowdhury J
A.T.M. Afzal J
M. A. Rashid, Assistant Engineer, Bangladesh Water Development Board..........Petitioner
Vs.
Secretary, Ministry of Power, Water Resources and Flood Control and another....... Respondents
Judgment
March 21, 1979.
Result:
......he Respondent.
Writ Petition No. 487 of 1977.
Judgment
Abdur Rahman Chowdhury J. - This application under Article 102 of the Constitution of Bangladesh is directed against an order passed by the Government of Bangladesh retiring the petitioner compulsorily and rejecting his ..
Category: Administrative Law, Employment/Service Law | Date: 21 Mar, 1979 | Hits: 1
Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)
....y of 82, Ripon Street, Calcutta and family of Mahtab Begum of Rampur, India and also of 'Kunje Mahtab' of Elephant Road, Dacca. 4. That Mr. Nasir A. Rahman, Bar-at-Law was a partner of a law firm of his Lordship Mr. Justice B.H. Chowdhury. Mr. Nasim A. Rahman is related to Ayaz Bahadur ......Advocate-on-Record - For the Respondent No.4. K. A. Bakr, Attorney-General, instructed by S. S. Hoda, Advocate-on-Record - Amicus Curiae. Civil Appeal No.9 of 1978. (From the Judgment and order dated 25-8-78 passed by the Appellate Division in Civil Appeal No.9 of 1978). Judgmen......cate-on-Record - For the Respondent No.4. K. A. Bakr, Attorney-General, instructed by S. S. Hoda, Advocate-on-Record - Amicus Curiae. Civil Appeal No.9 of 1978. (From the Judgment and order dated 25-8-78 passed by the Appellate Division in Civil Appeal No.9 of 1978). Judgment ..Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103
Hegge & Company Ltd Vs. Assistant Collector of Customs & others, 1979, 8 CLC (HCD)
.... the Assistant Collector of Customs, Chittagong on the petitioners for the short landing of imported petroleum products and they are taken up for analogous hearing since similar questions of fact and law are involved in all the petitions. 2. Mr. Joynul Abedin, learned Counsel, has appeared for ......The rules are discharged. Lawyers Involved: Joynul Abedin-For the Petitioner (In Petition Nos. 247 to 281 of 1970) M. Hafizullah- For the Petitioner (In petition Nos.453 to 462 of 1970 and Petition Nos.14 and 26 of 1971) Anwarul Haque Chowdhury, D.A.G. with M.M. Huq, A.A.G.-......G.-For Respondents (In all petitions) Writ Petition No. 247 of 1970 with Writ Petition Nos. 248 to 281 of 1970 Judgment Abdur Rahman Chowdhury J. - These Rules are directed against an order of penalty imposed by the Assistant Collector of Customs, Chittagong on the petitioners for th..Category: Admiralty Law or Maritime Law, Fiscal/Taxation Law | Date: 16 Mar, 1979 | Hits: 3
M. Samboon Asavhame Vs. Bangladesh and others, 1979, 8 CLC (HCD)
....s of confiscation before us mainly on the ground of want of jurisdiction alleging that the facts alleged against the trawlers even if admitted, do not attract the mischief of Customs Act or any other law in force in Bangladesh. 2. Mr. Asrarul Hossain, the learned Advocate appearing for the peti......………Petitioner (In Writ Petition No. 674 of 1977) M/S. Thaiwaree Industries Ltd……….Petitioner (In Writ Petition No.850 of 1977). Vs. Bangladesh and others……………….Respondents (In all the cases) ......ions.) Writ Petition Nos. 673, 674 and 850 of 1977 Judgment Shahabuddin Ahmed J.—These three Rules under Article 102 of the Constitution call in question three separate orders of the Collector of Customs, Chittagong, confiscating three Thai Fishing Trawlers along with ..Category: Fiscal/Taxation Law | Date: 15 Mar, 1979 | Hits: 1
Talekhal Progressive Fisher¬man Co-Operative Society Ltd Vs. Bangladesh & Others, 1979, 8 CLC (AD)
....ry duties conferred upon the public functionaries. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 1 BLD (AD) (1981)103 ......ns of the Lewisham Union, (1897) 1 Q.B 498. Lawyers Involved: S.R. Pal, Sr. Advocate, with Md. Hannan, Advocate, instructed by M.R. Khan, Advocate-on-Record-For the Petitioner. M.H. Khandker Sr. Advocate, instructed by B.C. Panday. Advocate-on-Record-For the Respondent 5 C.P. 74......ord-For the Respondent 5 C.P. 74 of 1979 from W.P. 519 of-1978 Judgment Badrul Haider Chowdhury J.- This petition for special leave to appeal is directed against the judgment and order passed by the High Court Division in Writ Petition No. 519 of 1978. 2. The petitioner in ..Category: Constitutional Law | Date: 14 Mar, 1979 | Hits: 2
....petitioners' Nuru Bepari, Zam-Zam Bepari, Abdul Khaleque Fakir and Habibur Rahman Howlader and 16/17 others being armed with guns, Ram Dao, Leja etc. raided the house of informant's father-in-law Abdul. Kader Bepari, that he said dacoits had torch lights with them, that they looted away padd......bsp;
......77
Judgment
Mohammad Habibur Rahman J.-This rule was issued calling upon the Deputy Commissioner, Bakerganj and opposite party informant Khorshed Ali Bepari to show because why the impugned orders passed on 24-3-77 and 27-7-77 in Special Tribunal Case No. 68 of 1977, should not be set asid..
Category: Criminal Law | Date: 9 Mar, 1979 | Hits: 1
....ermissible……..(10)
The appellants are under a "legal obligation" towards the respondents "to carry out specific ministerial duties" clearly imposed upon them by law, namely, "to complete the formalities to transfer the mill"; the High Court Divis......y the Government although no such case was made out. Hence applying the principle of promissory estoppel the least that can be said is that the appellants cannot be allowed to act inconsistently and the decision to release the Mill remains binding on them…………….......P. Nos. 70 and 71 of 1979 from W.P. 701 of 1977
Judgment
Badrul Haider Chowdhury J.—Those two petitions for special leave to appeal are directed against the judgment and order passed by the High Court Division in Writ Petition No. 701 of 1977.
2. The Respondent No...
Category: Constitutional Law | Date: 9 Mar, 1979 | Hits: 2
Shamsuddin Hyder Vs. Mr. M. S. Khan, Addl. District Magistrate & others, 1979, 8 CLC (HCD)
....dditional District Magistrate after considering the same declared 26 persons including the petitioner as touts under the Act and directed their names to be published and circulated in accordance with law while exonerating three of the persons reported against. Hence the present rule at the instance ......1979. Result: The rule is discharged. Lawyers Involved: Syed Azizul Huq-For the Petitioner A. N.M. Yusuf, (President of Mukhtear Bar Association's) in person. Gour Chandra Das-For the Respondents Writ Petition No. 351 of 1968 Judgment &nbs......bsp; Abdur Rahman Chowdhury J.—This application under Article 98 of the Constitution of the erstwhile Islamic Republic of Pakistan is directed against an order passed by the Additional District Magistrate declaring the petitioner along with others as tou..Category: Constitutional Law | Date: 7 Mar, 1979 | Hits: 3
Sonali Bank and others Vs. Abdul Barek Sarder & another, 1979, 8 CLC (HCD)
....30 DLR 251 and 2 decisions of this Court reported in 28 DLR 160 and 30 DLR 211. Needless to say, this contention of Mr. Hossain is full of substance and must be upheld as it is now a settled point of law that a dismissed worker; his dismissal having no connection with industrial dispute, cannot main......(HCD) (1979) 240 ......el Huq Bhuiya—For the Respondents. Writ Petition No. 50 of 1978. Judgment Shahabuddin Ahmed J.-This Rule under Article 102 of the Constitution calls in question an order dated 19.11.77 of the Labour Court at Khulna in I.R.O. Case No. 79 of 1977 reinstating a dismi..Category: Banking Law | Date: 7 Mar, 1979 | Hits: 1
....ime limit was specified in the aforesaid Order for affirming the oath of allegiance and the petitioner having continued to be an employee under the Railway administration, we do not see how under the law his right to be treated as such during the relevant period can be denied.
The ground urged ......an Chowdhury J
A.T.M Afzal J
Chairman, Bangladesh Rly. Board, Chittagong…………………Petitioner
Vs.
Chairman, Second labour Court, Dacca and another…………....Respondents
Judgment
February 22, 1979.
......l Islam—For Respondent No. 1.
Writ Petition No. 138 of 1978
Judgment
Abdur Rahman Chowdhury J. - This application under Article 102 of the Constitution arises out of an order passed by the Second Labour Court, Dacca directing payment of subsistence allowance to the pet..
Category: Labour and Industrial Law | Date: 22 Feb, 1979 | Hits: 1
Angana Ranjan Chakma Vs. Director of Techni¬cal Education, 1979, 8 CLC (HCD)
.... Rules, 1960. It is true that an alternative remedy was available but it was not availed of. Ordinarily writ jurisdiction is not available to a person who does not seek alternative remedy provided by law but this provision may be waived if an impugned order is, on the face of it, without jurisdictio......e employment he appeared in B.E.D. Technology Examination of 1968 held on 11.11.69 by the University of Dacca, but in the Examination Hall he was found adopting unfair means whereupon he was expelled and a notice was served upon him by the Controller of Examinations, Dacca University to show cause w...... A.A.G-For Respondents Writ Petition No. 377 of 1969. Judgment Shahabuddin Ahmed J.- This Rule under Article 98 of the Constitution of 1962 was issued calling in question an order of the respondent, Director of Technical Education, Government of the then East Pakistan, now ..Category: Administrative Law, Constitutional Law | Date: 6 Feb, 1979 | Hits: 2
Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
....etition No. 479, 538, 540, 820 and 758. Judgment Shahabuddin Ahmed J.- These five application under Article 102 of the Constitution have been heard together as common questions of law are involved in them and they are going to be disposed of by this judgment. Petitioners in all t...... No. 479 of 1978) Vs. M. A. Rouf…………………………………Petitioner (In Petition No. 538 of 1978) A.M.M. Rishid Ahmed and Ors…………Petitioner (In Petition No.540 of 1978) Md. Ruhul Amin&helli......4. Thereafter, he was posted as Manager, Quality Control from 4.7.75g but by a letter dated 6.3.76 his services were suddenly terminated by the then Chairman of the Corporation. He had challenged the order of termination before this Court in Writ Petition No. 553 of 1976 bringing a number of allegat..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
....pondents are directed to pay costs of this application which we assessed at taka 1000/- only.
A. T. M. Afzal J.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 418
......ision
(Special Original Jurisdiction)
Present:
Shahabuddin Ahmed J
Abdul MatinKhun Chowdbury J
M/S. Elora Industrial Corporation Ltd.................Petitioner
Vs.
ADC, and Land Acquisition Officer, Dacca and others……...Respondents
Judgment
...... Attorney General—For the Respondents.
Writ Petition No. 621 of 1978
Judgment
Shahabuddin Ahmed J.- This rule under Article 102 of the Constitution calls in question an order of requisition dated 1.10.77 passed by the Addl. Deputy Commissioner, Dacca in Requisition Cas..
Category: Property Law | Date: 18 Jan, 1979 | Hits: 3
Dhirendra Nath Sarnaker Vs. Bangladesh and orders, 1979, 8 CLC (HCD)
....diction of this Court under Article 102 of the Constitution. Article 102 of the Constitution excludes from definition of "person" a court or tribunal established under a law relating to the Defence Service or any Disciplined Force. The Impugned order is not an order of ......nal Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Dhirendra Nath Sarnaker...……………..Petitioner Vs. Bangladesh and orders…………………………..Responde......Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Dhirendra Nath Sarnaker...……………..Petitioner Vs. Bangladesh and orders…………………………..Respondents ..Category: Administrative Law, Employment/Service Law | Date: 12 Jan, 1979 | Hits: 1
A.H.M Abdul Hai Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....ted 24-11-77 contained in Annexure 'J' and Memo dated 8-11-77 contained to Annexure 'J' removing the petitioner from his service should not be declared to have been passed without any lawful authority and of no legal effect. 2. The petitioner joined his service in July, 1961 as ......nt: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J A.H.M Abdul Hai………………………….Petitioner Vs. Bangladesh and others...................Respondents Judgment November 23, 1978. Result: Th......stt. Attorney-General-For the Respondents. Writ Petition No. 31 of 1978. Judgment Abdul Matin Khan Chowdhury J.- This rule was issued calling upon the respondents to show cause why the order dated 24-11-77 contained in Annexure 'J' and Memo dated 8-11-77 contained to Annexure ..Category: Administrative Law, Employment/Service Law | Date: 23 Nov, 1978 | Hits: 8
Abdul Matin Vs. Election Tribunal and Munsiff 2nd Court Comilla & another, 1978, 7 CLC (AD)
....ed and the judgment of the High Court Division is set aside and that of the Tribunal is restored. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 331. ...... Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J Abdul Matin………………Appellant Vs. Election Tribunal and Munsiff 2nd Court Comilla & another……………Respondents ......buddin Ahmed, Advocate, instructed by Md. Shafiqur Rahman, Advocate-on-Record - For the Respondent No.2. Ex-parte - Respondent No.1. Civil Appeal No.59 of 1978. (From the judgment and order dated 17.2.1978 passed by the High Court Division in Writ Petition No.593 of 1977). ..Category: Election Law | Date: 23 Nov, 1978 | Hits: 206
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